General conditions

This carriage shall be effected under all the rights and obligations of the parties under the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the TIR Convention, current editions and the parties acknowledge the correspondence exchanged by fax and e-mail as a formal contract.

 – The carrier must provide all necessary documents for international or domestic transport; The carrier must provide K-Speed Ltd with valid carrier’s liability insurance for the transport requested by this application, strictly observing its obligations under the insurance contract. The Carrier shall park the vehicle only in secure parking lots and shall not leave the vehicle unattended.

 The Carrier shall ensure that the means of transport used and its personnel comply with all regulatory requirements, including the Carrier having all permits, licenses and documents necessary to carry out the requested carriage. The vehicle must be in proper technical condition after passing a regular technical inspection.

 – Goods under temperature regime shall be transported in clean trucks, with a working thermograph and with the possibility of printing of thermal tape and shipped with the accompanying documents;

 – 24 hours without loading period and 48 hours for unloading according to the set dates of loading and unloading in the request.

 – The goods should not be overloaded, unless this is agreed in writing with us.

 – No posting of the cargo on the internet or freight forwarding exchanges is permitted unless agreed in written agreement with us.

 – In the event of an accident, fire, theft, force majeure or other incident, the carrier shall immediately inform us, as well as the competent local police and other authorities, and require the drawing up of official documents certifying the event. Carrier shall cooperate with us in clarifying any failure to comply with the law and this application.

 -Must inform us in advance in case of any irregularity between the unloading address as given in the CMR and the Order/Contract.

The carrier is obliged to maintain the transport vehicle in good hygienic condition – no dirt, unpleasant odours, leaks, high dustiness in the transport compartment and other contamination. The service provider must ensure that the temperature of the product is controlled. Measuring and monitoring devices necessary to ensure compliance with product /temperature/ requirements must be calibrated. When different products are transported, they must be clearly separated so that there is no cross-contamination. The carrier shall ensure an effective and quick response to recall and withdrawal the product being transported. The carrier shall take responsibility for the quality and safety of the products transported, food protection and food fraud. The carrier shall provide daily information on the whereabouts of its vehicle.

The driver is obliged to:

 – monitor the strength of the packaging and the number of packages that are loaded in the truck;

 – monitor the proper loading and to strengthen the load if necessary so that it arrives safe and sound to the recipient;

 -if the goods are refrigerated, to measure the temperature at which the refrigerated cargo is loaded and to send a photograph of the time of measurement;

 -check the accuracy of the data in the consignment note concerning the number and marking of the parcels;

 – in case of damaged packaging, in case of impossibility to count, or in case of discrepancy between the number of actually loaded parcels and those entered in the consignment note, to make his remarks in the column “Remarks of the carrier” in the consignment note; accountable person;

 – materially responsible person;

 – sign and stamp all copies of the consignment note.

All disputes arising out of or relating to this Agreement, including disputes arising out of or relating to its interpretation, invalidity, performance, or termination, as well asdisputes concerning the filling of gaps in the Agreement or its adaptation to new circumstances, shall be resolved by the Arbitration Court at the Law Development Association, with BULSTAT: 176925654 and corporate seat and registered address at 91, Maritsa Blvd., City of Plovdiv, in accordance with the Convention on the Contract for the International Carriage of Goods by Road, the Rules for Cases Based on Arbitration Agreements, and the current legislation.

In view of the nature of the services we provide, as well as the declared global pandemic of Coronavirus (Covid-19) and the state of emergency in European countries, we believe that we are in a hypothesis of “force majeure” within the meaning of Art.306 of the Commercial Act and according to EU law, therefore, our company should be exemp from the payment of penalties, interest, liability for lost profits and damages, as the term for fulfillment of monetary obligations should be extended by the term necessary for cessation of force majeure conditions.